BELLO KWATO KWATO V. ALHAJI ADAMU MAI'GARI MIJI YEWA

ABUBAKAR DATTI YAHAYA, J.C.A.(Delivering the Leading Judgment): This appeal has emanated from the decision of the Niger State High Court Minna, delivered on the 31st October, 2016.

In his action before the High Court the plaintiff, who is now the respondent claimed: -

(i) a declaration that the plaintiff is the rightful owner and entitled to the Customary right of occupancy over the disputed land situate at Yidna Mijiyewa Village;

(ii) an order for forfeiture against the defendant and to vacate and deliver possession of the disputed land to the plaintiff.

(iii) an order of perpetual injunction restraining the defendant, his privies, agents or whosoever that claims through him from interfering or exercising any act of trespass on the land.

(iv) N1,000,000 as damages for trespass.

(v) cost of litigation.

According to the plaintiff, it was his father, called Mijiyewa, a farmer and a cattle rearer, who migrated from Wushishi and deforested the area in dispute which was then a thick forest, uncul…